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Penal System Explains Explore

Posted on:2013-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZouFull Text:PDF
GTID:2216330374465212Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Criminal law, as an independent discipline, not only embodies in further researching systematic of its foundational theory, but in it has its unique research methods which different from other sectors. With the development of the theory of criminal law, the methodology of punishment law has got preliminary results. Systematic interpretation of criminal law, as a month of explanation of criminal law, is used in explanatory during frequently. Standard using of the method is helpful to implement criminal law steadily and fairly, and easing strained relations of security and flexibility of the criminal law. There is a role of guidance of consistent of criminal law in legislation and making up inflexibility of statutory in judicial interpretation. However, the study still stay on introduce of the concept of the method and use it to analysis case in theory horizon. And for the function and effect of systematic interpretation of criminal law and the steps of operation and what problems need to pay attention are not much. Lack of standardization of operating method is often influence accuracy and justice of the results directly. Therefore, the research of systematic interpretation of criminal law is not only need of development of the theory, but also problems need to be solved in practice. In view of status of above problems is not comprehensive in theory circle, through comb and analysis domestic and abroad research of systematic interpretation of criminal law, this paper tries to start in the basic theory of systematic interpretation of criminal law and building a preliminary system, introducing its factors and demonstrating problems related. To make using of systematic interpretation of criminal law in the process more standard and the conclusion more stable and achieve a fair effect.In addition to the introduction and conclusion part, this paper consists of four parts. The first part is an overview of systematic interpretation of criminal law, the main content of this part is the interpretation of basic issues of systematic interpretation of criminal law.The second part is to explain the range of the system of interpretation, and demonstrate the relationship between it and other sectors related.The third part is about relationship of factors of system of interpretation which from aspects of connotation and extension.The fourth part is about applied problem of systematic interpretation of criminal law. First is adapted steps of this method, it consist of confirming the scope of the system, and establishing the premise of interpretation, preinstall the goal of the interpretation, the logical method, the applicable rules etc.
Keywords/Search Tags:systematic interpretation of criminal law, range of system, methodology, systematize
PDF Full Text Request
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